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legal requirement to hand over firearm to police if requested?

MSC 45ACP

Regular Member
Joined
Apr 23, 2009
Messages
2,840
Location
Newport News, Virginia, USA
Price of small digital recorder that can be easily downloaded to your computer: $40.
Price of overzealous LEO "splainin himself" in court about how he violated your (list Constitutional Rights violated here) rights: PRICELESS

P.S. Regents University is right here in Virginia Beach. They have some pretty good programs.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
I've already decided I'll never instruct an officer on how to remove my firearm from my person. That could be, in my opinion, construed as consent. I also won't answer questions, at least irrelevant ones, w/o a lawyer present. I have a very real distrust of police and am pleasantly shocked when I am respected by one of them. Are police protected by a law/statute if they take your firearm w/o your consent? To me, that seems a blatant violation of the 4th amendment right to be secure.

It gets better. Often after they take your firearm they go back to their car, leaving you standing defenseless on the sidewalk. They will the "run the numbers of your firearm and enter your guns serial number. They will enter the gun info, including serial # into their special police database.

Use electrical tape to cover the serial number. Then they cannot remove the serial number without really violating the 4th A.

They often also search your wallet to find your ID. Remember what they can search for prior to arrest is only an external weapons pat down, but that does not stop them from taking your ID and running your name and address for warrants.

Yeah, have a plan. Don't give police the opportunity to collect your personal or gun information.
 

mrt6812

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Sep 1, 2009
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Did somebody change the name of this thread? I originally had it as "legal requirement question" or something similar.
 

ed

Founder's Club Member - Moderator
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Mar 8, 2008
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Loudoun County - Dulles Airport, Virginia, USA
Did somebody change the name of this thread? I originally had it as "legal requirement question" or something similar.
Probably the board admin or a mod.. I have seen that before.. Many new posters will say as the subject line "Dinner This Saturday" and thats it... well this Saturday is not "THIS" saturday after it has past.. so the mod might change it to "Dinner this Saturday /xx/xx/xx at Dennys" etc. It makes it easier to find in the search and it makes it easier for readers. So in you example.. if it said "legal requirement question" or something similar and now it reads "legal requirement to hand over firearm to police if requested" explains the question better for those of us that read the headlines to see if its a thread we want to read. It also helps the OCDO search engine as well as the web crawlers.
 

sol

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Joined
Jul 21, 2010
Messages
33
Location
Fairfax County VA
Use electrical tape to cover the serial number. Then they cannot remove the serial number without really violating the 4th A.

So how many of use out there actually cover up the SN with electrical tape? Ever been confronted with questions from a LEO as to why you are "hiding" the SN?

If a traffic stop and "temporary possession" of your sidearm is with a LEO, of course they would examine it and see the tape. But if they removed the tape to expose the SN, and re-placed the tape well enough to not be able to tell it was removed... you may never know the number was ran..?
 

peter nap

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Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
So how many of use out there actually cover up the SN with electrical tape? Ever been confronted with questions from a LEO as to why you are "hiding" the SN?

If a traffic stop and "temporary possession" of your sidearm is with a LEO, of course they would examine it and see the tape. But if they removed the tape to expose the SN, and re-placed the tape well enough to not be able to tell it was removed... you may never know the number was ran..?

That's a pretty good question Sol. I suspect the number is low.
Then what to do if the Officer does lift the tape...and he will.

Will he be sued? I doubt it because of the cost. Would the suit be successful without going to the Supreme Court. I doubt that also.

The answers are academic and are intended to tell you what the law is. Reality is another matter and it's up to you to determine that.
 
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